Explanatory Notes

Transport (Scotland) Act 2005

2005 asp 12

5 August 2005

Commentary on Sections

Part 1: Regional Transport

Chapter 3: Supplementary and Consequential Provision
Section 15: Transfer of staff, property, rights and liabilities

48.Section 15 specifies that the regulations governing the protection of employment rights in the event of a transfer of undertaking, as defined in section 15(7), apply whenever the transfer of a function to a Transport Partnership or the Scottish Ministers takes place under sections 2, 10 or 13. These transfers have implications for those people currently engaged in exercising those functions.

49.Section 15(5) and (6) empower the Scottish Ministers, when a transfer of functions takes place, to require, by order, the transfer of any property, rights or liabilities linked to those functions.